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HomeMy WebLinkAbout6477 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ~.£~ Tel. (631) 765-1809 · Fax (631) 765-9064 JUN 2 1 2011 MEETING OF JUNE 15, 2011 Southol l Town, lerk ZBA Application No.: 6477 Applicants/Owners: George and Judith Flalg Property Location: 2740 East Mill Road Mattituck, NY Suffolk County Tax No.: 1000-100-5-1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category oftbe State's List of Actions, without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 23, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. The Zoning Board of Appeals held a public hearing on this application on June 2, 2011, at which time written and oral evidence were presented. Based upon all testimony, documentatien, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be tree and relevant: REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Seetlon 280-13(B)(13) to establish an Accessory Apartment in an existing accessory building. PROPERTY FACTS/DESCRIPTION: The subject property is 5.0029 acres with 430 feet along Mill Road. The property is improved with a single-family two-story residence, an accessory barn and a framed shed as shown on the May 8, 1991 survey by Young and Young. The accessory structure has a Certificate of Occupancy of record dated September 24, 1993 under Certificate of Occupancy # Z-22614 conf'mning that the accessory barn was built prior to January 1, 2008. The owner resides in the existing single-family dwelling as the owners' principal residence. FINDINGS OF FACT: In considering this application, the Board has reviewed the code requirements set forth pursuant to Article III, Section 280-13(B)(13) to establish an Accessory Aparlment in an Accessory Structure and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment unit will be located on the second story of the accessory barn with an area of 741 Sq. Ft. (+ or -), in conformity as confirmed by the building inspector, as described and shown on the floor plan by George Flaig dated May 5, 2011 and signed by George Flaig. 2. The applicant herein, owns and resides at the property and will continue to occupy the single-family dwelling or the accessory structure as a principal residence while the Accessory Apartment is occupied in Page 2 - June 15, 2011 ZBA FilerS6477 - Flaig CTM: 1000-100-5-1 conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)(j, 14). 3. The owners' plans comply with the on-site parking requirements and provide for a total of three (3) parking spaces, two for the principal use and one for the Accessory Apartment, utilizing the existing driveway areas, ns shown on the survey by Young and Young Professional Engineer and Land Surveyor dated October 8, 1991. 4. The dwelling unit shall comply with the definition of same in §280-4 of the code and comply with the code requirements as definod in Section 280-13(B)(13) of the Zoning Code. The owner confmns that the accessory apartment shall not contain less than 450 sq. feet nor will the accessory apartment exceed 750 square feet of livable floor area, all on one floor with only one full bathroom. The livable flOO£ area of 741 square feet was confirmed by the building inspector in a document titled "VERIFICATION OF LIVABLE FLOOR AREA" dated May 19, 2011 and received by the Zoning Board on May 23, 2011. Only one accessory apartment will be on the subject property. 5. The occupants of the accessory apartment will be either a family member or a resident who is currently on the Southold Town Affordable Housing Registry and the occupancy shall not exceed the number of persons permitted. The owner has confirmed that one of his daughters and her children will occupy the accessory apartment. The owner will comply with Section 2g0-13(D). REASONS FOR BOARD ACTION DESCRIBED BELOW: Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be mae and relevant: 1) The Accessory Apartment, as applied for, is reasonable in relation to the District in which is located, adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the Accessory structure, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. 4) The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is ~quired by code before an Accessory Apartment may be occupied. 5) No adverse conditions were found al~er considering items listed under Sections 280-142 and 280-143 of the Zoning Code. 6) Submission of a Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifyin8 that the premises meet the requirements as deiVmed in Chapter 280-4 and conforms to Chapter 280-13(BX13) of the Zoning Code for an Accessory Apamnent use. BOARD RESOLUTION: On motion by Member Dinizio, seconded by Member Weisman (Chairperson), it was RESOLVED, to GRANT a Special Exception for an Accessory Apartment, in the existing Accessory Structure, as applied for. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Deparmlant of a building l~,mlt, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site mal~, are not authorized under this application when involving nonconformities und~ the zoning code. This action does not authorize or condone any current or fuiure use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are exlX~ly addrcssed in this action. The Board reserves the right to substitute a similar design that is de rninimis in nature for an alteration that does not increase the degree of nonconformity. Page 3 - June 15, 2011 ZBA Fi1¢#6477 - Flaig CTM: 1000-100-5-1 Vote of the Board: Ayes: Members Igeisman (Chairperson), Homing, Goehringer, Dinizio, Schneider. This Resolution was duly adopted (5 -0). Leslie Kanes Weisman, Chairperson Appr°vedf°rfiling7 //7 /2011 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE SARAH LANSDALE, AICP DIRECTOR OF PLANNING Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: May 18, 2011 Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Bee Hive Development Flaig, George & Judith #6476 #6477 TRK:ds Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK Phone (631) 765-1809 (631) 765-9064 ACCESSORY APARTMENT IN ACCESSORY BUILDING APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Applicant(s), ~ /~ dP ~ G ]~ ,~ A/z5) t~ ~4t ~ /~ 7-- I~OARD OF APPEALS Application No. Date Filed: FZ/q/' of Parcel Location: HonseNo. 274/0 Street -/~/q5 t ,A~/'// tg~) Hamlet ~ /' Lot Size A6~ 5 SCTM 1000 Section //~ Block ~ Lot(s) I ' ~ , ~one Dis~ hereby apply to ~E ZON~G BOA~ OF ~PEALS for a SPECI~ EXCEPTION N aecord~ce wi~ the ZONING O~ANCE, ARTICLE , SECTION , SUBSECTION formefollowinguses~dp~ses: ~ CC ~55 0~ ~ ~R ~ as shown on the attached survey/site plan drawn to scale. A. Statement of Ownership and Interest: ~(H~ O~G-~ 5/"-7"UP/lb F~I / ~" is.(.are) the owner(s) ofproperty known and referred (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as Dis~et 1000, Section /~9 ~ , Block Lot I , and shown on the at~ached deed. The above-described property was acquired by the owner on S ~-- t° ~ / ~ ~ B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordil~ance and would not be detrimental to property or persons in the neighborhood for the following C. In addition to meeting the standards pb:~ribed by the zoning ordinance, the following requirements will be met: 1. The accessory apartment will be located in the accessory building. 2. The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apaflanent in the detached accessory structure as the owners' principal residence. The other dwelling unit shall be occupied by a family member or a resident who is currently on the Town of Southold Affordable Housing registry and is eligible for placement, evidenced by a written lease for a term of one or more years. 3. The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. 4. The accessory apartment shall not exceed 750 sq. ft. of livable floor area of the accessory building and shall be located on one floor with only one full bathroom. 5. A minimum of three off-street (on-site) parking spaces shall be provided as shown on the attached plan. 6.Not more than one (1) accessory apartment shall be permitted on this parcel. 7. No Bed and Breakfast facilities, as anthorized by Section 280-13(BXI 4) hereof shall be permitted in or on premises for which an accessory aparUnent is authorized or exists. 8. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 2804 of the Zoning Code. 9. This conversion shall be subject to a building permit, inspection by the Building Inspector and Renewal of Certificate of Occupancy annually. 10. The existing building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupency issued prior to January 1, 2008, and is attached hereto. 11. The existing building, together with this accessory apartment, shall comply with all other requirements of Chap~r 280 of the Town Code of the Town of Southold. 12. This conversion for the accessory apartment shall comply with all other roles and regulations of the New York State Construction Code and other applicable codes. h~pmperty which is the subject of this application is zoned /d~-~_~., and i/] has not changed since the issuance of the Certificate of Occupancy attached. [ ] has changed or received edditioual building permits, end Certificates of Occupancy for these changes are attached or will be furnished. COUNTY OF SUFFOLK) SS.: STATE OF NEW YORK) Sworn to before me this '~ day of (Notary Public) (Si~ture) ,20 / RECEIVED /~oARD OF APPEALS 1/11  SUF,~0LK COUti'l'Y DEPA?,IT?IEL~T.,0F.. HEALTH SERVICES S!NGLE FAM!LY D''NELLIN~'~ ONLY Approval of Constr?ctod Works ~ The sewage d s~'n~a ~ L~ ,~a~er supply lacll~tles at this location / / ~ have bee; ~a" ~c,, :~ bv ~s ~a;L~nLaa~ are /~ / ~. · SEE DECISION ~ ~. oaTeo t / , SU~Y FOR GEORGE J. FLAIG .. _ LOT NO.I, WOLF PIT POND ESTATES" OCT. 17, 1991 AT MATTITUCK ~a~e: OCT e, 1991 RE~D ~WN ~ SOUTHOLD SCALE: I% ~00' SUFFOLK COUNTY, NEW ~RK ~0 9~- 0854 MAY 0 ~ Z011' BOARD OF APPEA~ .e~ ~o~ ~t~t[ l~cat~o~ u*w JUDITH A. FLAIG su*v[~m's ~M~o s~L o~ [~moss[o s[*[ SH~LL CHICAGO TITLE INSURAN~ COMPANY HE~ OEPARTMENT- DATA F~ APPRO~ TO C~STRUC T A.o~E ~R~ HiS ~HALFFOR WHOM -- " M SUBDIViSiON ~P FILED IN THE OFFICE OF ~HE CLERK ~ ~ ALDEN WYOUNG, PROFESSIONAL ENGINEER OF SUFFOLK COUNTY ON JUNE~I,~9OAS FILENO. 8963. ~ ~/ ANDLANO SURV[YORNY. SUC/NS[NO 12845 ~ k~ ~ ~W),~IC TA~(S~a C[~S(~) ~N ~ ~ ~ ~ NY S. LICENSE NO 4589~ 8RANDIS & SONS INC. w4z- I< /,v' .-~__ ~ ~FINAL MAP [REVIEWED BY ZBA ~~~ , DATED ¢ I ~ I aO~,/ ~ RECEZVED BOARD OF APPEALs 12. RECEWED ~OARD OF Al)PEALs Di~ y- 11' coz. ~ ,~a, ,a'o~,v~/tf,~,,,~ Fzoo~ pL AA: I. For Demolition of Existing Building Areas Please describe areas being removed: (For ZBA Reference) RECEIVED Date Prepared: ~"~ --~_~ MAY 0 II. New Construction Areas (New Dwelling or New Additions/Extensions): D/mensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area be/ng constructed? If yes, please provide height (above ground) measured from natural existing ~ade to first fl'oor: Ill. Proposed Alterations or Interior Structural Changes without enlargement/extension (fittach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): 'Existing square footage of buildings on your property: _Proposed increase of building coverage: ~Square footage of your lot' 5' ,4 ¢ '/~ Percentage of coverage of your lot by building area: V. Purpose VI. Pieas.e describe the land contours (fl.~at, slope %, etc.) as exist and how it relates to the difficulty m meeting the code requirement(s): ./q./O/~./ ~ Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or of requested changes), photos of existing building area to be altered (area 7/2002; 2/2005; 1/2006 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION ~ECEIVED 0 5 20 ! 8OARD OF APPEALS Is the subject premise~isted on the real estate market for sale? Yes ~/ No Nere any pro.~to change or alter land contours? o ~: Yes please explain on attached sheet. 1.) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? A/g) Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? ,A/O~/~< Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises? /L/~9 If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel?/~ff~3 If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel ,/~O /~ E3'/'~,~' 7~5 o/t/~ 3/ and the proposed use ,/~/~¥qO,~' *4 t~, , (ex: exist~g single family, proposed: same with garage, pool or other) Authorize' signature and D_ffice Location: ,T~wn Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1 [971 http://southoldtown.northfork.net BOARD OF APPEALS ' TOWN OF SOUTHOLD q[~l. (631) 765-1809 Fax (631) 765-9064 M?ling Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 MAY 0 QUESTIONNAIRE Adcessory Apartment or Bed and Bre'akfa-~t with Owner-Occupancy Names of Ind/viduals or Parties H~'ving an Interest in the S~bject Pre_~ises and a d~scription of their Interests: .. n Name of the Applicant(s) and hSs/her Residence: . f .CulWfe~nt Re. slaent.s/Occupants .of the Subject Premises: / ~-~- x ~~-/ 'l tCr~c(J/',~ C ~"a~q~ '~lfA'~ J LY ~ c,.u ~-~ c . ~_~r uurrent occ~pantff are: (please c~{eck one or more boxes) { } Tenants with Written Lease { } Tenants without Written Lease { } Current Owner {. } . Contract Vendees { } Proposed Occupants/Residents under the Subject Application { ~ Residents NOTE: By not checking one or more of the above, it is assumed that the current Occupants are not tenants with a written or without a written lease, are not current owners~ ~Lre. not contract vendees, are not proposed Occupants/Residents ~nder the Subject Application,' and/or have a different residence. Is the/subject premises listed on the real estate market for s_ale/~r being shown to pro'spective buyers? ~,[/INo. . ( } Yes ' ' F/q// Authorized Sign~t~nd Da~, - ~ PROJECT ID NUMBER 6..20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 5°PUC^ T' SP°"SW ,__ 112. P OJECT ~. DE.,~CRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: !llitialiy acres UlEmately acres 8. W1LL PROPOSED ACTION COMPLY W~TH EXISTING ZONING OR OTHER RESTRICTIONS? ~Y~s [] NO II r~o; describe bfigfly: S. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Chooseasmenyasepply,) DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR I~TiMATE~y FROM ANY O'I~IER GOVERNMENTAL DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL? [~Yes []No I! yes, list agency name and permit / approval: 1~.~1.A.$ A REi~ULT OF PROPOSED ACTION WILL EXlSTtNG PERMIT/ APPROVAL REQUIRE MODIFICATION? L.~V es 3L~.I No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Signature I/ , ~ ~ . If the action is a Cost , and you are a state ag y, complete the Coastal Assessme'T~t Form before proceeding ~thls assessment ,3OARD OF APPEALS PART Ii - IMPACT A/SSESSMENT (To be comple!ed by Lead Agepcy) LI Ye~ M"o B. 9VlEL ACTION I~,~A/E COORD~F/ATED REVIEW ~ ~IDED FOR UNLIST~ A~S IN 6 ~CRR. PART 617.6? E ~. a ~ga~e C. ~U~ A~N ~SULT IN ~ ~R~ EFFE~8 ~IA~D ~H THE ~LO~; (~ ~y Cl. ~a~.~ ~. s~ o~ grounder ~ ~ qua~. n~e le~s. ~ng ~ ~ff~, ~ waste ~ ~ dis~l. ~ ~ e~, dm~ ~ ~g ~? ~ ~y: C5. G~. ~s~umt ~l~ment. ot mla~ a~l~les likely to ~ ~ by t~ pm~ ~ ~p~ln D. ~LL ~E PROJECT ~VE AN I~ACT ON THE E~ONMENTAL C~C~RIS~CS T~T CAUSED ~E ESTABLISHME~ OF A CRmc~ E~IRON~NTA~AREA ~)? (1~ yes, exp~ln b~fly: E, ~yesTH~. ~IS T ~ U~LY TO ~E~ ~Y ~T~ TO POT~ PART III - DETERMINATfON OF SIGNIFICANCE (To be esmpleted by Ager~/) INSTRUCllON~i: Foreachadve~ee~ectide~16~eda~x~e~determinewhetherit~ssut7stan~a~ge~im~nt~es~nL Each effect sheuld be assessed In c~naecflon with Its (a) seffing (i.e. urban or ruts0; (b) probability of occurring; (¢) duration: (d) kteversibflity: {e) geographic so3pe; and (0 magnitude, if eseeesary, add attachments e~ reference eupp<xUng materials Ensure that explanations contain sufficient d*atail to show that all relevant edverse impacts have been identified and adequately addressed, Ii' (Neslicn d of pelt ii was checked yes the deternlinaticn of s~3nificones mast evaluate the potential impact of the propesnd action onthe enviro~ dm~racte~slics of th e (yEA. Check ttllabox if you have identified one or mom pofen~lally large ~ slgl3fficar~ adverse Imbacts whict~MAY o~cur. Than proceed ~lirectl~f ts Ihe FULL EAF and/or prebam a positive declaration. Check Ihia box if .you bare detefm/ned, based on the infom~alion and anal/sis above and any sup~ng dcctmlenlaUorL ~lat ~te propoSed at, Jo WILL NOT result in any bl~nElcant aeverea envkonments~ knpacts AJ~B provide, on altaO~wents as t~-'oassery, the reasons suppollit~l Name of Lead Agency Date T~tle of Responsible Print o~ Type Name of Resoo~sible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If d~fferenl from responsible officer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ggqlEN TO USE Tills FORM: The form must be completed by the applicant for any special uSe permi6 site l~lan approval, USe variance, or subdivision ~cpproval on prope~rty within an agricultural distri~f OR within 500feet cfa farm ot~ratio~ located in agricultural districa ,411 applications reqniring an agricultttrtd S~ent must be referre~! to the Suffolk County Department of Planning in accordance with sectloa~ 239- m and 259-n of the General Munid4nd LaW. ~ l)Namc0fApplieant: (~' /'~0~ ~ 9~ f'64'~)/'7~/~ f~.~ 3) Name of Land O~er (if other than appli0ant): 4) Address of Land Owner: .~ 5) Description of Proposed Project: ~ 6) Location of Property (road and tax map number): 7) Is the parcel within an agricultural district? ~-]No ~7'es If yes, Agricultural Dis~ict Number ~ 8) Is this parc. el actively farmed? {~No [-3Yes 9) Name and address of any owner(s) of land within the agricultural alisa'itt containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall loeatior~s by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address .~ ~ ,~7 ' ~ ~-7.0.~ . ~ · · · ', kSoc P- Cv, x -', (Please use back side of page if more than six property oWners are identified.) The lot numbers may be obtained, in advance, when requested fi.om the Office of the Planning Board at 765- 1938 or the Zoning Board of Appeals at 765-1809. SiPatare of~ant - / I/ Note: I. The local board will ~olicit Co'mtnenla from the owners of land identified above in o~der to consider the effix:t of the proposed action on their farm op~tion. Solicitation will be made by supplying a copy of this statement. 2. COmments returned to the local board will be taken into conziderati0o as part of the overall review of this application. 3. The clerk to the local board is responsthle for ~ending copies of the completed Agricoltural Data Statement to the property owners identified above. The cost for mailiag shall be paid by the applicant at the time the application is subm/tted for review. Failure to pay at such time means the application is not complete and canno~ be acted upon by the board. I 14-09 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ~,ECEZVED ~3OARD OF APPEALS The Town of Southold's Code of Ethic~ ~oh/bits conflicts ofinter~t on the oart of town officers and cmolovees. The mupo~ ,,/' this form is to urovide information which can ale~ the town of ans~le conflicts of interest and allow it to take whatever action i~ neca~satv to avoid same. ~ (Last name, first anm~ middle in/t/al, uale~ you are applying in the narae of someone else or other entity, such as a com~my. Ifs/), indicate the other perann's or company's name.) NAM~ OF APPLICATION: (Check all that pppiy.) Tax grievance /" Building Variance ~ Trustee ~hange of Zone Co~tel Eros/on Approval of plat Mooring Exemption fi'om plat or official map Planning Othe~ (If "OtheP', name the activity.) Do you persona~ly (or through your company, spouse, sibling, pareDt, or child) have a relationship with any officer or employee of the Town of Southold? "Relatmnsh~p" mclude~ by blood, marriage, or busine.~ interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employmem by) a corporation in which the town officer or employee owns more than 5% of Jh6 shares. tfyouanswered YES-complete thebalanceofth s form auddateauds~gn wheremdimted. Name of person empthyed by the Town o£Southold Title or Imsition of that pemon Describe the relationship between yourself {the apptican t/agen t/represant ative) and the town officer or employee. Either check the appropriate line ^) through D) and/or describe in the space provided. The town officer or employee or his or her ,pause, sibling, parent, or child is (cheek alt that apply): __Al the owner of greater than 5% of the ,hares of the corporate stock of the applicant (when the applicant i* a corporation); __B) the lc§al or b~n¢fici~ owner of any interest in a non.q:or~orate eatit-j (whan the ~plicant is not a mrporation); __C~ an officer, dFeCtor, partner, or employ~ office applicant; or D} the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitt this _ d.ay of' ½ 20 /' Z/ . FORM NO, 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY RECE~/ED BOARD OF APPEALS No Z-22784 Date DECEMBER 14, 1993 THIS CERTIFIES that the building NEW DWELLING Location of Property 2740 EAST MILL ROAD MATTITUCK, N.Y. House No. Street Hamlet County 'Pax Map No. 1000 Section 100 Block 5 ~Lot 1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 31, 1991 pursuant to which Building Permit No. 20362-Z dated JANUARY 3~ 1992 was issued, and conforms to ail of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ATTACHED GARAGE, ROOFED OVER PORCH & ROOF DECK AS APPLIED FOR. The certificate is issued to GEORGE & JI/DITH FLAIG (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HF3J~TH APPROVAL 91-SO-101- DEC. 10r UNDERWRITERS CERTIFICATE NO. H-033428 - FEBRUARY 17~ 1993 PLUMBERS CERTIFICATION DATED SEPT. 24~ 1993 - GEORGE FLAIG 1993 /BuilSing Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY ~ECED/ED ~OARD OF APPEALS No Z-22614 Date SEPTEMBER 24, 1993 AccEssoRY THIS CERTIFIES that the building Location of PropertK 2740 EAST MILL ROAD MATTITUCK, NEW YORK House No. Street Hamlet County Tax Map No. 1000 Section 100 Block 5 ~Lot 1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 23, 1992 pursuant to which Building Permit No. 20846-Z dated JULY 23, 1992 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY BARN GEORGE & JUDITH FLAIG The certificate is issued to (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMEI{~ OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Rev. 1/81 Building Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. ~ECEIVED ;~L)ARD OF APPEALS CERTIFICATE OF OCCUPANCY No Z-22615 Date SEPTEMBER 24, 1993 THIS CERTIFIES that the building_ ACCESSORY Location of Property 2740 EAST MILL ROAD MATTITUCK, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 100 Block 5 ~Lot 1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 4, 1992 pursuant to which Building Permit No. 20697-Z dated JUNE 8, 1992 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY HORSE SHELTER & FENCED IN AREA AS APPLIED FOR The certificate is issued to GEORGE & JUDITH FLAIG (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Rev. 1/81 1000 11381P 484 Jamespor t. N.Y. 11947 pax~ of th~ first p~rc, smd GEORGE J. YLAIG AND JUDITH A. FLAIG, his wife 31 Watson Avemue West Babylon, N.Y. 11704 ~H, v~t t~ ~ of t~ ~ ~ in ~nside~tlon of T~ ~s a~ ot~ ~d by ~ ~ of ~ ~d ~, ~ he.by ~ a~ re~ unto t~ ~ of t~ ~ see attached description on one page- page I Being a portion of the premises conveyed to the party of the first part by deed dated My 23, 1986 and recorded in the office of the County Clerk, Suffolk County on June 3, 1986 in Liber 10050 cp 337. iSUBJECT TO DECI~TIONS of Convenants and Restrictions of record, including and and limited to the Right of Way created to benefit the owners of lots 10, 11, 12 and 13 as such designated on a filed map, above described, "Paddock Way". SUBJECT TO Amendment and Modification of Declaration of Wolf Pit Associates (Declarant) aa filed and recorded in Ltber 11336 pg. 376-2381. BOXES 5 THRU 9 MUST BE TYPED OR NTED IN BLACK liNK ONLY.. PRI TO RECORDING OR FILING. -N.mherof U~¥ 05 z~ll D~c 10 I~ ~7 AH Serial # ~OARD OF APPEALS EDWARP ~iOHAiNE CLERK OF SUFFOLK OOUNTY Deed I M0rt~oaooe l~str.!ment Deed / Mortgage Tax Stamp Recording / Filing Stamps Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Relb Copy Other Sub Total 5_._00_ Sub Total _~. GRAND TOTAL ~'~L)- Real Property Tax Service Agency Verification Dist Lot Mortgage Amt. 1. Basic Tax 2. SONYMA Sub Total 3. Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, ~ee appropriate tax clause on page # of this instrument. Title Company lnformatien Company Name Title Number OR: FEE PAID BY: Cash ,. Check Charge Payer same as R & R RECORD & RETURN TO Suffolk County Recc This page forms part of the attached & Endorsement Page. made by: (Deed, etc.) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN or In the VILLAGE or HAMLET of TITL~ NO. 9108-03271 LEG~ ~ESCRIPTION PAGE~ el ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, COUgTY OF SUFFOLK AND STATE OF NEW YORK , KNOWN AND DESIGNATED AS LOT NO. 1/ON A CERTAIN REALTY SUBDIVISION MAP ENTITLED, "MAP OF WOLF PIT POND ESTATES AT MATTITUCK' AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON JUNE 22, 1990 AS MAP NUMBER 8963, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY SIDE OF MILL ROAD WHICH POINT IS THE FOLLOWING COURSES AND DISTANCES AS MEASURED ALONG THE SOUTHERLY SIDE OF MILL ROAD FROM THE EASTERLY END OF A CURVE HAVING A RADIUS OF 35.00 FEET A LENGTH OF 48.87 FEET WHICH SAID CURVE.CONNECTS THE SOUTHERLY SIDE OF MILL ROAD WITH THE EASTERLY SIDE OF MILL LANE; 1) SOUTH 67 DEGREES, 05 MINUTES, 09 SECONDS WEST 294.04 FEET; 2) SOUTH 71 DEGREES, 19 MINUTES, 49 SECONDS WEST 45.00 FEET; RUNNING THENCE FROM SAID POINT OF BEGINNING, SOUTH 18 DEGREES, 40 MINUTES, 11 SECONDS EAST ALONG LOT NO. 2 AS SHOWN ON AFORESAID REAEA~,~TY SUBDIVISION MAP ENTITLED, "MAP OF WOLF PIT POND ESTATES", 557.69~'FEET TO LOT NO. 3 AS SHOWN ON SAID REALTY SUBDIVISION MAP ENTITLED, "MAP OF WOLF PIT POND ESTATES"; THENCE SOUTH ~g DEGREES, 28 MINUTES, 15 SECONDS WEST ALONG SAID LOT NO. 3, 306.43~EET TO THE LAND NOW OR FORMERLY OF GRACE L. SCHANZ; THENCE NORTH 30 DEGREES, 31 MINUTES, 52~ECONDS WEST ALONG THE LAND NOW OR FORMERLY OF GRACE L. SCHANZ, 639.54 FEET TO A POINT IN THE SOUTHERLY SIDE OF MILL ROAD; THENCE NORTH 71 DEGREES, 19 MINUTE~,. 49 SECONDS EAST ALONG THE SOUTHERLY SIDE OF MILL ROAD 430.19~'FEET TO THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 107.00 BLOCK 04.0~0~.LOT 002.000. ,~ ~ ;~ ( END ) 473889 100=5-1 't'uwr~ ~.)l,' ~OUTHOLD CONS()LIDATE[) liICAL pIiOI)EJiTy TAX Bll~l~ 382 o~ r]FVFRSE Sine 14 11830 2740 Mill Rd 324,951,900 1,725,819 5 STAR (ENH) 122,936 SCHOOL 210 1 Family Res 004534 ........ *'*AUTO**5-DIGIT 11952 Flaig George J Flaig Judith A 2740 E Mill Rd Mattituck, NY 11952-I 291 12/7/2010 Flaig, George J 3,400 11,600 First Half: 11827 $6,380.06' Second Half: 11827 $6,380.06 LEVY DESCRIPTION LEVY % Mattituck School 61.14% Mattituck Library 4.42% Your tax savings this year resull ng from the Suffolk County Tax 1.66% 1/5/10 6/1/10 TAXABLE VALUE 10,260 11,600 11,600 ASSESSED VALUE 11,600 789.556 3.60% 50.539 3.10% hool Tax 65.56% 19.013 0.00% TAX AMOUNT 100% OF FULL VALUE 1,064,220 TOTAL TAX AMOUNT 8,100.84 586.25 ram is $1,058J d. 220.55 8,687.09 Southold Town Tax 22.05% 1.66% ,600 ! 251.873 1 1 2,40% 220.55 NYS Real Prop TaxLaw MTA Payroll Tax Mattituck FD Mattituck Park Solid Waste Distdct 22.05% 1.07% 11,600 12.171 0.05% 11,600 .619 6.48% 11,600 74.027 1.56% 11,600 17.840 1.56% 11,600 17.827 460.10% -8.00% 0.00% -5.90% -14.00% 141.18 7.18 858.71 206.94 206.79 FIRST HALF TAX 6,625.08 DUE DEC L 2010 PAYABLE WITHOUT PENALTY TO JAN 10, 2011 P.0.%Box 570488 Houston, TX 77257 Ratur~ Service Requested 007016 Hasler 0'? 29/2}! 1 FIRST-CLASS MAIL AUTO $00.36 ~227 011D12e0~983 RD MA%~rITUCK NY -i !lt4~,1%, ,,el,, QUESTIONS, PLEASE FEEL FREE TO CALL US AT 631-298-3840. THANK YOU, GEORGE & JUDITH FLAIG MA'I"~JCK - CUTCHOGUE CUTCHOGUE EAST ELEMENTARY SCHOOL 34900 Main Road Cutchogue · New York · 11935 Ph. (631) 734-6049 · Fx. (631) 734-4299 .~,ECE'[VEEO hOARD OF APPEALS May 3, 2011 To Whom It May Concern, Michael Keil and his sister Lianna Keil reside at 2740 East Mill Road in Mattituck with Judy Flaig and her husband they are Michael's grandparents. Michael attends the ~utchogue East Elementary School. Sincerely, Anne Smith Elementary School Principal TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET '2_-7 ~ ~--) VILLAGE DIST. SUB. LOT ACR. G,O0 REMARKS TYPE OF BLD. ///~/~I-LI/~I~ ~t~-~P ~ FI~ ~'~ ~,~ LAND: IMP. TOTAL DATE ~r~ ~'[,, ' FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND' O ¥:~. BULKHEAD ~t- HOUSE/LOT ~ TOTAL RECEIVED ) OF APPEALS COLOR M. Bldg. L//O ~ ~ 0' ~ /,2 ~)¢:~) ,~'~.~0 ' ~&:o~ FOundation ~ Bath Dinette Extension Basement ~WL SLAB Floors /~aO ~ Kit. Extension Ext. Walls V;I~ ~ Interior Finish L.R. Extension Fire Place ~ · Patio Woodstove BR. 5o~?~5~ ~ ~ Fin. B. Porch~ ~ 7 ' ~ 1 ~ '[0~ , ~ 0 ~ ~ b Dormer Deck ~ = ~00/ Attic J s~' 5 Rooms 1st Floor Breezeway ~4~ "~ Driveway Rooms 2nd Floor Garage ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 10, 2011 Zoning Appeal No. 6477 Transmitted herewith is Zoning Appeals No. 6477 of George and Judith Flaig - the Application for Special Exception to thc Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, and Questionnaire for Accessory Apartment, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, Copy of Certificate of Occupancy No.Z-22784 for One Family Dwelling Dated December 14, 1993, Copy of Certificate of Occupancy No. Z-22614 for Accessory Barn Dated September 24, 1993, Copy of Certificate of Occupancy No. Z-22615 for Accessory Horse Shelter 8, Fencing Dated September 24, 1993, Three Pages of Recording of Deed Between Wolf Pit Associates and George & Judith Flaig Dated December 10, 1993, Copy of Driver's License for George & Judith Flaig and Retired Police Association, Copy of Property Tax Bill, Copy of Birth Certificate for Cheryl Anne Flaig and Copy of Driver's License for Kimberly Flaig, Copy of Mail for Cheryl Kiel, Copy of Letter from Mattituck-Cutchogue Elementary School Stating that Michael & Liauna Keri Reside with Grandparents the Flaigs, Two Pages of Photos of Property in 1993 and 2011, Drawing of Floor Plan for Apartment, Drawing of Foundation Floor Plans, Two Pages of Drawing of Construction of Building Prepared by George Flaig, Copy of Survey Showing Property as it Exists Dated October 8, 1993 Prepared by Young & Young Surveyors, Town of Southold P.O Box 1179 Southold, NY 11971 Date: 05/10/11 * * * RECEIPT * * * Receipt~: 102306 Transaction(s): 1 1 Application Fees Reference Subtotal 6477 $500.00 Check#: 5700 Total Paid: $500.00 Name: Flaig, George 2740 E. Mill Rd. Maffituck, NY 11952 Clerk ID: CAROLH Internal ID: 6477 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinlzio Jr. Gerard P. Goehringer George Homing Ken Schneider Town Hall Annex, Capital One Building 54375 Route 25 at Youngs Road P.O. Box 1179 Southold, New York 11971'0959 Telephone (631) 765-1809 Fax (631) 765-9064 http://southoldtown.nor~hfork, net ZONING BOARD OF APPEALS TO: SOUTHOLD TOWN BUILDING DEPARTMENT RE: VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application to establish an accessory apartment in an accessory structure ZBA Application No.: ~./~ 7 7 /~/~ ~ Date sent to BuilOin;l: S//?/// MAY 2 3 2011 Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: B~ed~ ~o~'the i~formabon hsteO ab ~ivabl0 floor ar~a i~ determ:::d to be~ ~ square feet and is conforming to Section 280-13B (13) (a) of the code. The livable floor area is determined to be square feet and is not allowed pursuant to Section 280-13B (13) (a) of the code which states: "The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area..." The livable floor area cannot be verified. COMMENTS: Signature of review~ ~ f Date: MAY 1 9 2011 BLDG. DEPT. TOWN OF SOUTHOLD BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard IZ Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGALNOTICE SOUTHOLDTOWNZONING BOARD OF APPEALS THURSDAY, JUNE2,2011 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JUNE 2~ 2011: 11:15AM - GEORGE and JUDITH FLAIG #6477 - Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at; 2740 Mill Road Mattituck, NY. SCTM#1000-100-5-1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-t809, or by email: Vicki.Toth~,Town. Southold.ny.us. Dated: May 9, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net May 6, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, June 2, 2011 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before May 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction are~ or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearinch providinq the returned letter to us as soon as possible; AND not later than May 23: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible, If any signature card is not returned, please advise the Board during the hearing and provide the card (,when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 25st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin.q for receipt by our office before May 31,2011. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 5:3095 Main Road, Southold: NAME: FLAIG, G. & J. # 6477 SCTM #-. 1000-100 1 VARIANCE: SPECIAL EXCEPTION REQUEST: ACCESSORY APARTMENT IN ACCESSORY STRUCTURE DATE: THURS., JUNE 2, 2011 11:15 AM If you are interested in this project, you may review the file(s} prior to the hearing during normal business days between 8 AM and 3 PM, ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 10251 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 19th day of May, 2011. . ii,,/ Principal Clerk LEGAL NOTICE SOUTHOLD TOWN ZON1NG BOARD OF APPEALS THURSDAY JUNE 2, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO, Box 1179, Southold, New York i1971-0959, on ~ JUNE 2. ~011: 9'.30 AM - ANDREW GREENE ~6387 - (adj. from 6/30/10) Request for Variance from Code Section 280-116(A) based on an application for building permit and the Building Inspector's March 24, 2010, Notice of Disapproval concerning construction of an acces- sory ia-ground swimming pool at less than the code required setback from a bluff of 100 feet at; 30653 Route 48, Sworn to before me this (adj. to Long Island Sound) Peconic, NY. SCTM#1000-73-4-5. 10:00 AM - GEORGE and MARY VAIL Sff:475 - Request for Variances from Code Article XXIlI Section 280- 124 and the Building Inspector's April 6, 2011 Notice of Disapproval based on an application for building permit to con- struct additions to an existing dwelling at: 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet, 3) lot coverage of more than the code re- quired 20%, 4) accessoxy structure in a locahon other than the code required rear yard; location of property: 50 Oak Avenue (Pine Avenue and Unnamed Street) Southold, NY SCTM#1000-77- 2-7 10..20 AM - ROSE L. MILAZZO REVOCABLE TRUST ~6471 - Request for Variances under Sections 280-122, 280-124 and 280-116B, based on the Building Inspector's February 9, 2011 Notice of Disapproval concerning an ap- plication for additions and alterations to an existing seasonal cottage, which pro- posed construction wig be: 1) less than the code-required minimum side yard setback of 10 feet; 2) less than the code required combined side yard setbacks of 25 feet; 3) less than the code required setback of 75 feet from the bulkhead; location: 1165 Island View Lane (adj. to underwater Iands) Greenport, NY SCTMg1000-57-2-20 10'.45 AM . LIEB VINES, LLC. #6469 - Request for Variance from Art, III, Code Section 280-13(4)(c) based on Building Inspector's March 18, 2011, No- tice of Disapproval and an application for building permit concerning conver- sion of existing storage building into an office and winery tasting room at: less than the code required 100 foot setback from a major road at; 13050 Oregon Rd., Cutchogue, NY. SCTM#1000-83-3-2.L 11:00 AM - ALAN and PATRICIA NORDEN #6474 - Request for Variance from Article XXII1 Code Section 280- 122 and the Building Inspector's March 24, 2011 Notice of Disapproval baaed on an application for budding permit to construct a 3'X12' second floor addition to a single family; 1) pursuant to Waiz (#5039) such addition will constitute an increase in nonconformance, 2) front yard setback of less than the code re- quired 35 feet; at: 2395 King Street Ori- ent, NY SCTM#1000-26-2-44 11:15 AM - GEORGE and JUDITH FLAIG 864/7 - Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at; 2740 Mill Road Mattituck, NY. SCTMgl000-I00-5-1. 1150 AM - BEE-H/VE DEVELOP. MENT CORP. #6476 - Request for Vari. ances under Sections 280-124 and 2g0- 116, based on the Building Inspector's March 21, 2011 Notice of Disapproval concerning an application for construc- tion of a new single family dwelling day of ~, at: 1) less than the code required front yard setback of 35 feet, 2) less than the code-required minimum of 75 feet from the bulkhead, at; 400 Old Cove Blvd. (Beverly Rd.) (adj. to Arthamomaquc Pond aka Mill Creek) Southold, NY. SCTM#1000-52-2-14. 1 '1'1:~ AM. GEORGE D. and MA. 2011. tRISTINA VOLINSKI JBLIC-STATE OF NEW YORK o, OI.V061 ~6050 RIA KOEINAS #6473 - Request for Variance under Section 280-116, based fled In Suffolk County on the Building Inspector's February 17, n Exp[tei Febt~l~t¥ 28, 20 2011 Notice of Disapproval concerning an application to rebuild a preexisting accessory bath house with deck, which proposed constmcllon will be: 1) less than the code required setback of 75 feet from the bulkhead; location: 552 East Road (adj. to Cutchogue Harbor (Great Peconic Bay)) Cutchogue, NY 12:45 PM - JANE WEILAND #6472 - Request for Variance under Sechon 280- 116, based on the Building Inspector's April 5, 201I, Amended April 12, 2011 Notice of Disapproval concerning an ap- plication to construct an accessory deck and shed, which proposed construction will be: 1) less than the code required setback of 75 feet from the bulkhead; location: 6485 Nassau Point Rd., (adj. to Little Peconic Bay) Cutchogue, NY Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing April 7,2011: 1:00 PM - JAMES and KATHLEEN BLACKLEY #6458 Adjourned from Public Hearing May 1'30 PM - GEORGE and RUBY GAFFGA ~6438 The Board of Appeals wgl hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809, or by email: Vicki.Toth@Town. Sout hold.nv, us, ZONING BOARD OF APPEALS i~SIAE KANES WEISMAN, CHAIR. PERSON BY: Vield Tofll 54375 Main Road (Office Eocaflon) 53095 Main Road (Malling/OSPS) P.O. Box 1179 Sou/hold, NY 11971-0959 TOWN OFSOUTHOLD ZONING BOARD OFAPPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS / U(j(~(Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK ~5-"* ~°6c~ ~-&cOK_ residing at 'New York, beingMluly sworn, deposes ~ says that: Onthe /~ ~:~~ , 20 / ] I personally mailed at ~e United States Post Office in , New York, by CERTIFIED MAIL, ~TU~ ~CEIPT ~Q~ESTED, a tree copy of the a~ached Legal Notice in Prepaid envelopes addressed to c~ent prope~y owners sho~ on the current ~sessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every prope~y which abuts and is across a public or private street, or vehicul~ right-of-way of record, su~o~ding the applic~t's prope~y. Sworn to before me this i )ay of ~('3oL~ ^, 20 (Notary u~ic) CYNTHI^ M. CUSATI Commission ~pires Oct 20 } I PLEASE list on the back of~is Affidavit or on a sheet of paper, ~e lot numbers next to the omer nines ~d addresses for which notices were mailed. Th~ you. Ioo- 4- A .~. $0.~ $0.~4 S2.85 $2.30 $ $5.59 o,m,~ A L U S E CC) 0 oem~cl ~ 0 Reglst~ed 0 I~ Rec~l~ for Me~di~ 0 Imured ~ O c.o.D. 4. ~ Delivery? ~..~ Fee) OYes 7010 1060 0000 7281 3978 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can re, turn the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. cie Addressed to: 3. Se~lce'lype r'l Ceetlfled Mail r'l F.3q3n~e Mail I-I Re,sternal . r'l Return Rm3elpt for Merchandise i-I Insured Mall [] C.O.D. 4. ~ Dellve~? ~ Fee) [] Yes 7010 1060 0000 7281 3992 PS Form 3811, February 2004 Domestic Retum Receipt · Complete It. ems 1,2, end 3. Also complete item 4 ff Reetrlcted Dellveq/is baetred. · print your r~-~ m~:l e o. tba mw'~ so that we can return the (~:1 to ~3u. [ftprg%,. e, · I .S'71 l ll [] Reglst~:l O Return Receipt for Memhaedise O Insamd Mall [] C.O.D. 4. Restricted DoIIveey? (Extra Fee) DYes P~ s~o_rm_~38_11 LFebruary 2004~ 7010 1060 0000 7281 4005 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 ff Restricted Delivery Is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach thIs card to the back of the mallpiece, or on the fl'ont if space pewnits. 1. Article Addressed to: D. Is deliv~y edcrn~s different f/on1 Item 17 if YES, enter dellveey addrees below: 3. Sen4ee T~e [] Re~rn R~{~ for Merchandise 0 c.o.D. 2. Asticle Number PS Form 3811. February 2004 7010 1060 0000 7281 3961 Domestic Rstum Receipt · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. is deliver ~gent Delivery No 2. Article Number (Transfer ~om sen/ce/abe/) 3. S~ice Type CertEied Mail [] Express Mail egistered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restdeted Delivery? (Extra Fee) [] Yes Domestic Return Receipt PS Form 3811, February 2004 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) ~ ~/~ ~.//~Z, New York, being duly sworn, depose ~d say that: On ~ ~ ~ a~ of ~ ~ ,20~ Z, I ~r~on~n~ ~a th~ To~'~ O~ci~ Poster, with the date of he~ing and nature of my application noted thereon, set.ely upon my property, located ten (10) feet or closer from the street or right-off . way (driveway entr~ce) - facing the street or facing each street or right-ofiway entr~ce,* ~d that I hereby confirm that the Poster has remained in place for seven (7) days prigr to ~e date of the subject hearing date, which hearing date was shown to be i~ / ~ ./! / ' <Signature)~ Sworn to before me this d D~- Day of (5~t~ ,201! (Notary Public) PATRICIA RICHERT Notary Public State of New York No. 3~)-4741154 Qualified in Nassau / SuffoA Cou~ti~ Commission Expires /~/~!/Z'~2 * near the entrance or driveway entrance of my property, as the area most visible to passerby. [] MOVEO, LEFT NO ADDRESS I / ~- [] A'I-i'EMPTED - NOT KNOWN ~ ~ ~* UNCLAIMED [] REFUSED Date -- [] NO SUCH STREET [] NO SUCH NUMBER Carr/Init ~ [] INSUFFICIENT ADDRESS [] NOT DELIVERABLE AS Route NO. ~ ~ ADDRESSED UNABLE TO FORWARD USPS - T~ack & Confirm 5/2S/1! 6:34 PM j~ UNITED STATES PoYr/JL SERVICE. Track & Confirm Track & Confirm FAQs Label/Receipt Number: 7010 1060 0O00 7281 3985 Expected Deliver/Date: May 14, 2011 Class: First-Class Mall® Service(s): CeKifled MailTM Return Receipt Status: Delivered Your item was delivered at 9:47 am on May 16, 2011 in MATTITUCK, NY 11952. Detailed Results: · Delivered, May 16, 2011, 9:47 am, MAI-rlTUCK, NY 11952 · Notice Left, May 14, 2011, 11:37 am, MATTITUCK, NY 11952 · Arrival at Unit, May 14, 2011, 8:04 am, MATTITUCK, NY 11952 · Acceptance, May 13, 2011, 1:36 pm, MATTITUCK, NY 11952 Noldication Ootions Track & Confirm bv email Get cuffent event information or updates for your item sent to you or others by email. Track & Confirm Enter Label/Receipt Number. http://trkcnftm]..smi.usps.com/FTSInternetWeb/interLabeflnqulry.do Page I of I Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road lZO. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 9, 2011 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6477 Owner/Applicant · FLAIG, George & Judith Action Requested: Accessory Apartment in accessory structure. Within 500 feet of: ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Encls. Very truly yours, Lesl'~K rS~ '/~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 17, 2011 George Flaig 2740 East Mill Road Mattituck, NY 11952 Re: Special Exception #6477 Dear Mr. Flaig: Transmitted for your records is a copy of the Board's June 15, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for a Special Exception. Before commencing any activities, a building permit approval is necessary. Please be sure to submit a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely. Vicki Toth End. Cc: Building tG